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EQUITABLE DAMAGES: A POWERFUL BUT OFTEN …?

EQUITABLE DAMAGES: A POWERFUL BUT OFTEN …?

WebAnnotations. Application of the Amendment. Cases “at Common Law”.—The coverage of the Amendment is “limited to rights and remedies peculiarly legal in their nature, and such as … WebA constructive trust is an equitable remedy where the court recognizes you have a better right to specific property than the person with legal title. For example, the court may impose a constructive trust giving you a right to certain property instead of money damages if it finds the defendant acquired the property by fraud. There is no trustee. cerebral slash loomian WebDec 18, 2024 · The court rejected this argument, holding that the Supreme Court in McGrath v Stewart [2016] IESC 52 made it clear that the same equitable principles which govern general equitable relief apply to section 2 damages. Conclusion. The court overturned the award of damages made in the High Court but dismissed the … WebEquity literally refers to fairness. Thus, equitable relief is a remedy designed to make things more fair between the parties. Injunctions / restraining orders are among the most … cross lake shreveport homes for sale WebThis generally means that the relief requested by the plaintiff is not a money award. Whether to grant equitable relief is left to the discretion of the judge. By contrast, other … WebEquitable powers of a court. These are the powers given to court to decide cases based on equity. The court has the power to make decisions based on impartiality, fairness and lack of bias. The powers means that the court should apply equitable principles of justness and fairness to grant equitable remedies for instance, injunctions or order ... cross lake shreveport alligators WebMoreover, "[g]enerally, an action for money damages" is a remedy "at law." Teamsters Local No. 391 v. Terry, 494 U.S. 558, 570 (1990). However, an award of monetary relief is not necessarily legal relief. Id. at 570. The Supreme Court has "characterized damages as equitable where they are restitutionary, such as in 'actions for disgorgement of ...

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